In the Matter of Catharine A. Grube
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of General Term which denied a motion to vacate an assessment upon certain lots of the petitioner in the city of Hew York for paving One Hundredth street in that city.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of General Term which denied a motion to vacate an assessment upon certain lots of the petitioner in the city of Hew York for paving One Hundredth street in that city. (Reported below, 20 Hun, 303.) The assessment in question was for paving the street with Belgian pavement; the work was completed in August, 1877, and the assessment was confirmed in December, 1877. One ground of objection to the assessment was that it was for a repavement of the street, and that under the act…
1Opinion of the CourtRapallo, J.
In the Matter of Phillips (60 N. Y. 16), this court held that flagging was a species of pavement, and that consequently a second flagging of a sidewalk, where it had previously been flagged, was a repavement. That if the sidewalk had once been paved with bricks, or in. any other manner, a relaying of the same surface with flat stones would he a repavement. That the difference of material could not change the general identity of the work as embraced in the generic term. In the Matter of Burke (62 N. Y. 224), it was held that the laying of a crosswalk with flat stones was a pavement, and that…
2Cases cited4 opinions
- In the Matter of PhillipsNew York Court of Appeals · 1875
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
- Matter of BurkeNew York Court of Appeals · 1875
- Matter of GarveyNew York Court of Appeals · 1879
3Cited by2 opinions
- Matter of Petition of SmithNew York Court of Appeals · 1885
- People ex rel. Keller v. City of BuffaloNew York Supreme Court · 1912